Subpoenas Withdrawn in Antiwar Conference Case

Academe, May/Jun 2004

In February, the U.S. attorney in Des Moines, Iowa, withdrew subpoenas issued earlier that month by a federal grand jury to gather information about an antiwar conference held at Drake University. The subpoenas demanded that the university turn over the names of those who attended the November conference; information about the officers of the Drake chapter of the National Lawyers Guild, the sponsor of the conference; meeting agendas and annual reports filed by that chapter with the university; and any campussecurity records that might include information about the conference. The subpoenas included nondisclosure, or "gag," orders prohibiting university officials from notifying the affected students or expressing their concerns about the extent of the information sought. However, the National Lawyers Guild (a group whose membership includes lawyers and law students) and local antiwar activists, who were not covered by the gag orders, publicized the subpoenas. Numerous faculty members, higher education associations, and lawyers' groups criticized the subpoenas.

The AAUP's Special Committee on Academic Freedom and National Security in a Time of Crisis issued a statement that welcomed the decision of the U.S. attorney to withdraw the subpoenas but expressed deep concerns over their issuance. The committee noted that "such sweeping demands are suspect in any context," and particularly so when information is demanded from a university about an event sponsored by a student organization. "To demand the naming of all persons who attended a lawfully registered campus conference will undoubtedly chill protected expression, and deter participation at similar events in the future," the statement said, noting that such governmental inquiries into campus events are extremely rare and that they encroach on freedom of expression and association. The statement is available on the AAUP Web site at www.aaup.org/statements/SpchState/subpoenas.htm.>In March, Mary Burgan, AAUP general secretary, and Joan Wallach Scott, the chair of the Association's Committee A on Academic Freedom and Tenure (and a member of the special committee), participated in a forum on academic freedom sponsored by the Iowa AAUP conference and held at the University of Northern Iowa. Burgan spoke about the implications of the events at Drake University for academic freedom, and Scott placed the events in historical perspective. Drake law professor Sally Frank, adviser to the university's National Lawyers Guild chapter, was also a featured speaker at the meeting.

Copyright American Association of University Professors May/Jun 2004

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